81_FR_7878 81 FR 7848 - Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 21.16, Risk Monitor Mechanism, Relating to the EDGX Equity Options Trading Platform

81 FR 7848 - Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 21.16, Risk Monitor Mechanism, Relating to the EDGX Equity Options Trading Platform

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 30 (February 16, 2016)

Page Range7848-7851
FR Document2016-02984

Federal Register, Volume 81 Issue 30 (Tuesday, February 16, 2016)
[Federal Register Volume 81, Number 30 (Tuesday, February 16, 2016)]
[Notices]
[Pages 7848-7851]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02984]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77091; File No. SR-EDGX-2016-02]


Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend 
Rule 21.16, Risk Monitor Mechanism, Relating to the EDGX Equity Options 
Trading Platform

February 9, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on January 27, 2016, EDGX Exchange, Inc. (the ``Exchange'' or 
``EDGX'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the Exchange. The Exchange 
has designated this proposal as a ``non-controversial'' proposed rule 
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with 
the Commission. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to amend Rule 21.16, entitled ``Risk 
Monitor Mechanism'', in order to modify the risk monitoring 
functionality offered to all Users \5\ of the EDGX equity options 
trading platform (``EDGX Options'').
---------------------------------------------------------------------------

    \5\ As defined in Exchange Rule 16.1(a)(63), a User is any 
Exchange member or sponsored participant authorized to obtain access 
to the Exchange.
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's 
Web site at www.batstrading.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
Sections A, B, and C below, of the most significant parts of such 
statements.

(A) Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed rule change is to amend Exchange Rule 
21.16 to modify the method by which the BZX Options Risk Monitor 
Mechanism measures risk and to modify the ability of a User to reset 
the Risk Monitor Mechanism when risk has been triggered in the Firm 
Category, as described below.
Background
    Currently, the Exchange's Risk Monitor Mechanism operates by 
maintaining a counting program for each User. A User may configure a 
single counting program or multiple counting programs to govern its 
trading activity (i.e., on a port by port basis). The System engages 
the Risk Monitor Mechanism in a particular option when the counting 
program has determined that a User's trading has reached one of several 
specified triggers (``Specified Engagement Trigger'') established by 
such User during a specified time period or on an absolute basis.
Elimination of Option Categories
    The current counting program counts executions in the following 
``Option Categories'': Front-month puts, front-month calls, back-month 
puts, and back-month calls (each an ``Option Category'').\6\ The 
counting program also

[[Page 7849]]

counts a User's executions, contract volume and notional value across 
all options which a User trades (``Firm Category''). The Exchange 
proposes to eliminate the concept of the Option Category, such that the 
counting program will instead operate per option across all Option 
Categories (i.e., all front-month puts, front-month calls, back-month 
puts, and back-month calls). The Exchange does not propose to amend the 
Firm Category of the Risk Monitor Mechanism.
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    \6\ For the purposes of Rule 21.16, a front-month put or call is 
an option that expires within the next two calendar months, 
including weeklies and other non-standard expirations, and a back-
month put or call is an option that expires in any month more than 
two calendar months away from the current month.
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    The Exchange believes that the change will result in a Risk Monitor 
Mechanism that is more consistent with that offered by other options 
exchanges. Although the Exchange implemented its Risk Monitor Mechanism 
with the concept of Option Categories for technical reasons, the 
Exchange is not aware of any other options exchange that uses the 
concept of Option Categories in the context of its risk mechanism.
Calculation of Percentage-Based Engagement Trigger
    The Exchange currently offers a Specified Engagement Trigger to the 
Risk Monitor Mechanism based on percentage under Exchange Rule 
21.16(b)(ii) (the ``percentage trigger''). The percentage trigger is 
triggered whenever a trade counter has calculated that the User has 
traded a set percentage within a set time period against the User's 
orders in a specified class. The set percentage is specified by the 
User (the ``Specified Percentage'') and is proposed to be calculated as 
follows (and as shown in the examples below): (1) A counting program 
would first calculate, for each series of an option class, the 
percentage of each User's orders or Market Maker's quotes that are 
executed on each side of the market; and (2) the counting program would 
then sum the overall series percentages for the entire option class to 
calculate the percentage trigger. The Exchange proposes to specify this 
methodology in Rule 21.16. As proposed, the Exchange would no longer 
aggregate all bids and offers in each series for purposes of counting 
the percentage trigger, as it currently does, but would instead count 
bids and offers in each series separately.
    For example, assume a User enters 100 contract orders at both the 
National Best Bid (``NBB'') and National Best Offer (``NBO'') in two 
series of a class, its Specified Percentage is 100%, and the four 
executions in the example below occur within the time period specified 
by the User. The counting program would calculate the percentage of 
quote risk mechanism as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                             Aggregate
                                                                             Number of                       Number of     Percentage of   percentage of
                      Event/Series                           Bid size        contracts      Offer size       contracts       quote of          quote
                                                                            executed--                      executed--       execution       following
                                                                               bids                           offers                         execution
--------------------------------------------------------------------------------------------------------------------------------------------------------
Quotes Entered: Series 1................................             100               0             100               0               0               0
Quotes Entered: Series 2................................             100               0             100               0               0               0
Sell order for 40 contracts: Series 1...................             100              40             100               0              40              40
Buy order for 50 contracts: Series 1....................              60               0             100              50              50              90
Sell order for 5 contracts: Series 2....................             100               5             100               0               5              95
Buy order for 10 contracts: Series 2....................              95               0             100              10              10             105
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In this example, the aggregate percentages of the User's quotes on 
each side in all series during the time period is 105%,\7\ thus 
exceeding the specified percentage of 100%, at which point the 
percentage trigger would be triggered and the User's remaining orders 
in the appointed class would be cancelled.
---------------------------------------------------------------------------

    \7\ As set forth in the table and consistent with the 
methodology as proposed to be defined in Rule 21.16, the percentage 
trigger is calculated by individually calculating the percentage of 
each execution in each series on each of the bid and the offer and 
then summing each of these percentages together. The percentage, 
thus, does not calculate the actual percentage as a whole in the 
options class over the time period--in the example, 105 contracts 
out of 400 contracts were executed over the time period yet this 
does not result in a percentage calculation of 26.25%. Instead, 40% 
of the quoted bid in Series 1 is executed, then 50% of the quoted 
offer in Series 1 is executed, then 5% of the quoted bid in Series 2 
is executed, and finally 10% of the quoted offer in Series 2 is 
executed. By summing these percentages, the percentage trigger 
equals 105%. As set forth elsewhere in the proposal, the Exchange 
believes that this counting methodology is similar to that offered 
by other options exchanges.
---------------------------------------------------------------------------

Re-Setting of Risk Monitor Mechanism
    Under current Rule 21.16, when a Specified Engagement Trigger is 
reached in the Firm Category, the Risk Monitor Mechanism will 
automatically remove such User's orders in all series of all options 
and reject any additional orders from a User until the counting program 
has been reset in accordance with paragraph (d) of the rule. The Risk 
Monitor Mechanism will also attempt to cancel any orders that have been 
routed away to other options exchanges on behalf of the User. The 
Exchange proposes to further amend Rule 21.16 so that unless otherwise 
instructed by a User, in the event a Specified Engagement Trigger is 
reached in the Firm Category, the Exchange will not allow a User to 
automatically reset the counting program and Users will instead need to 
contact the Exchange to request a reset. Because reaching a Specified 
Engagement Trigger in the Firm Category should be a rare event, the 
Exchange believes that most Users will prefer to pause in the event of 
a trigger, review the circumstances, and then slowly re-enter the 
market. The Exchange is proposing to maintain the ability to 
automatically reset the counting program, however, because that is how 
the Risk Monitor Mechanism operates today and because it is possible 
that a User's risk management program is established in a way where the 
User would take the trigger into account but prefers the ability to 
automatically reset to control their re-entry to the market rather than 
needing to contact the Exchange.
2. Statutory Basis
    The rule change proposed in this submission is consistent with the 
requirements of the Act and the rules and regulations thereunder that 
are applicable to a national securities exchange, and, in particular, 
with the requirements of Section 6(b) of the Act.\8\ Specifically, the 
proposed change is consistent with Section 6(b)(5) of the Act,\9\ 
because it is designed to prevent fraudulent and manipulative acts and 
practices, to promote just and equitable principles of trade, to foster 
cooperation and coordination with persons engaged in facilitating 
transactions in securities, and to remove impediments to, and perfect 
the mechanism of, a free and open market and a national market system. 
The Exchange believes that the proposal is appropriate and reasonable

[[Page 7850]]

because it offers additional functionality for Users to manage their 
risk.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Modifying the Risk Monitor Mechanism to eliminate the Option 
Category concept will allow Users to manage their risk in each option 
class in a way that is more consistent with the way they manage risk on 
other option exchanges. As noted above, although the Exchange 
implemented its Risk Monitor Mechanism with the concept of Option 
Categories for technical reasons, the Exchange is not aware of any 
other options exchange that uses the concept of Option Categories in 
the context of its risk mechanism.
    Offering the percentage trigger without aggregation across the bid 
and the offer as part of the Risk Monitor Mechanism will provide Market 
Makers and other Users with greater control and flexibility with 
respect to managing risk and the manner in which they enter orders and 
quotes, which removes impediments to a free and open market and 
benefits all Users of BZX Options. The Exchange notes that similar 
functionality is offered by NYSE Arca, Inc. (``NYSE Arca Options'') and 
NYSE Amex Options, Inc. (``NYSE Amex Options'').\10\
---------------------------------------------------------------------------

    \10\ See NYSE Arca Options Rule 6.40(d); see also NYSE Amex 
Options Rule 928NY(d).
---------------------------------------------------------------------------

    Finally, creating a default that prevents the automatic reset of 
the counting program in the event a Specified Engagement Trigger is 
reached in the Firm Category will provide additional controls to Users 
that are trying to manage their risk. At the same time, allowing Users 
to maintain the ability to automatically reset the counting program 
will maintain the status quo with respect to the current Risk Monitor 
Mechanism and will allow Users to tailor their risk management programs 
as appropriate to their operations. The Exchange believes that this 
change is a modest extension of the current rule, that it is consistent 
with the overall purpose of the rule (i.e., to mitigate risk), and that 
it does not raise any policy issues particularly because a User can 
still optionally use the same functionality offered today by informing 
the Exchange that it still wishes to utilize the feature to 
automatically reset the counting program even if a Specified Engagement 
Trigger has been reached in the Firm Category.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the act. To the contrary, the proposed 
changes to the Exchange's Risk Monitor Mechanism will generally make 
the Exchange's offering more consistent with that offered by other 
exchanges. Thus, the proposed rule change will promote competition 
because it will allow the Exchange to offer its Users similar features 
as are available at other exchanges and thus further compete with other 
exchanges for order flow.

(C) Self-Regulatory Organization's Statement on Comments on the 
Proposed Rule Change Received From Members, Participants or Others

    The Exchange has not solicited, and does not intend to solicit, 
comments on this proposed rule change. The Exchange has not received 
any written comments from members or other interested parties.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Because the foregoing proposed rule change does not: (A) 
Significantly affect the protection of investors or the public 
interest; (B) impose any significant burden on competition; and (C) by 
its terms, become operative for 30 days from the date on which it was 
filed or such shorter time as the Commission may designate it has 
become effective pursuant to Section 19(b)(3)(A) of the Act \11\ and 
paragraph (f)(6) of Rule 19b-4 thereunder,\12\ the Exchange has 
designated this rule filing as non-controversial. The Exchange has 
given the Commission written notice of its intent to file the proposed 
rule change, along with a brief description and text of the proposed 
rule change at least five business days prior to the date of filing of 
the proposed rule change, or such shorter time as designated by the 
Commission.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does 
not become operative prior to 30 days after the date of filing. Rule 
19b-4(f)(6)(iii), however, permits the Commission to designate a 
shorter time if such action is consistent with the protection of 
investors and the public interest. The Exchange has asked the 
Commission to waive the noted operative delay so that the Exchange may 
implement the proposal on or about February 8, 2016, when the Exchange 
anticipates that the features will be available. The Exchange has 
stated that such a waiver would, without undue delay, provide its Users 
with a risk mechanism that is more similar to that offered by other 
options exchanges and that may assist its Users in providing liquidity 
on the Exchange consistent with their risk profile. The Commission 
believes that waiving the thirty day delay is consistent with the 
protection of investors and the public interest. Therefore, the 
Commission hereby waives the thirty-day operative delay.\13\
---------------------------------------------------------------------------

    \13\ For purposes of waiving the 30-day operative delay, the 
Commission has considered the proposed rule's impact on efficiency, 
competition, and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is: 
(1)Necessary or appropriate in the public interest; (2) for the 
protection of investors; or (3) otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the proposal is 
consistent with the Act. Comments may be submitted by any of the 
following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File No. SR-EDGX-2016-02 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File No. SR-EDGX-2016-02. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the

[[Page 7851]]

public in accordance with the provisions of 5 U.S.C. 552, will be 
available for Web site viewing and printing in the Commission's Public 
Reference Room, 100 F Street NE., Washington, DC 20549, on official 
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of 
such filing will also be available for inspection and copying at the 
principal office of the Exchange. All comments received will be posted 
without change; the Commission does not edit personal identifying 
information from submissions. You should submit only information that 
you wish to make available publicly. All submissions should refer to 
File No. SR-EDGX-2016-02 and should be submitted on or before March 8, 
2016.
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    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
Brent J. Fields,
Secretary.
[FR Doc. 2016-02984 Filed 2-12-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                  7848                        Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Notices

                                                  automated, electronic, mechanical, or other               Affected Public: Individuals                            The text of the proposed rule change
                                                  technological collection techniques or other            submitting Privacy Act record requests                 is available at the Exchange’s Web site
                                                  forms of information technology, e.g.,                  for completed Standard Form SF85/                      at www.batstrading.com, at the
                                                  permitting electronic submissions of                    SF85P/SF86 to FIS–FOI/PA.                              principal office of the Exchange, and at
                                                  responses.
                                                                                                            Number of Respondents: 15,682.                       the Commission’s Public Reference
                                                  DATES:  Comments are encouraged and                       Estimated Time per Respondent: 5                     Room.
                                                  will be accepted until April 18, 2016.                  minutes.
                                                  This process is conducted in accordance                                                                        II. Self-Regulatory Organization’s
                                                                                                            Total Burden Hours: 1,307.
                                                  with 5 CFR 1320.8(d).                                                                                          Statement of the Purpose of, and
                                                                                                          U.S. Office of Personnel Management.                   Statutory Basis for, the Proposed Rule
                                                  ADDRESSES: Interested persons are                       Beth F. Cobert,                                        Change
                                                  invited to submit written comments on
                                                                                                          Acting Director.
                                                  the proposed information collection to                                                                           In its filing with the Commission, the
                                                                                                          [FR Doc. 2016–03125 Filed 2–12–16; 8:45 am]            Exchange included statements
                                                  the Federal Investigative Services, U.S.
                                                  Office of Personnel Management, 1900 E                  BILLING CODE 6325–53–P                                 concerning the purpose of and basis for
                                                  Street NW., Washington, DC 20415,                                                                              the proposed rule change and discussed
                                                  Attention: Donna McLeod or by                                                                                  any comments it received on the
                                                  electronic mail at FISFormsComments@                    SECURITIES AND EXCHANGE                                proposed rule change. The text of these
                                                  opm.gov.                                                COMMISSION                                             statements may be examined at the
                                                  FOR FURTHER INFORMATION CONTACT: A                                                                             places specified in Item IV below. The
                                                                                                          [Release No. 34–77091; File No. SR–EDGX–               Exchange has prepared summaries, set
                                                  copy of this information collection, with               2016–02]
                                                  applicable supporting documentation,                                                                           forth in Sections A, B, and C below, of
                                                  may be obtained by contacting Federal                   Self-Regulatory Organizations; EDGX                    the most significant parts of such
                                                  Investigative Services, U.S. Office of                  Exchange, Inc.; Notice of Filing and                   statements.
                                                  Personnel Management, 1900 E Street                     Immediate Effectiveness of a Proposed                  (A) Self-Regulatory Organization’s
                                                  NW., Washington, DC 20415, Attention:                   Rule Change To Amend Rule 21.16,                       Statement of the Purpose of, and
                                                  Donna McLeod or by electronic mail at                   Risk Monitor Mechanism, Relating to                    Statutory Basis for, the Proposed Rule
                                                  FISFormsComments@opm.gov.                               the EDGX Equity Options Trading                        Change
                                                  SUPPLEMENTARY INFORMATION: The                          Platform
                                                                                                                                                                 1. Purpose
                                                  Privacy Act Request for Completed
                                                                                                          February 9, 2016.                                         The purpose of the proposed rule
                                                  Standard Form SF85/SF85P/SF86, INV
                                                  100A, is an information collection                         Pursuant to Section 19(b)(1) of the                 change is to amend Exchange Rule 21.16
                                                  completed by individuals seeking access                 Securities Exchange Act of 1934 (the                   to modify the method by which the BZX
                                                  their most recently completed SF85,                     ‘‘Act’’),1 and Rule 19b–4 thereunder,2                 Options Risk Monitor Mechanism
                                                  SF85P, or SF86 that was used to initiate                notice is hereby given that on January                 measures risk and to modify the ability
                                                  a background investigation performed                    27, 2016, EDGX Exchange, Inc. (the                     of a User to reset the Risk Monitor
                                                  by the Office of Personnel Management                   ‘‘Exchange’’ or ‘‘EDGX’’) filed with the               Mechanism when risk has been
                                                  (OPM), Federal Investigative Services                   Securities and Exchange Commission                     triggered in the Firm Category, as
                                                  (FIS). OPM FIS’s Freedom of                             (‘‘Commission’’) the proposed rule                     described below.
                                                  Information and Privacy Act (FOI/PA)                    change as described in Items I and II
                                                                                                          below, which Items have been prepared                  Background
                                                  office utilizes the optional form INV
                                                  100A to standardize the collection of                   by the Exchange. The Exchange has                        Currently, the Exchange’s Risk
                                                  data elements specific to Privacy Act                   designated this proposal as a ‘‘non-                   Monitor Mechanism operates by
                                                  record requests for previously                          controversial’’ proposed rule change                   maintaining a counting program for
                                                  completed standard forms only. Current                  pursuant to Section 19(b)(3)(A) of the                 each User. A User may configure a
                                                  Privacy Act record requests are                         Act 3 and Rule 19b–4(f)(6)(iii)                        single counting program or multiple
                                                  submitted to FIS–FOI/PA in a format                     thereunder,4 which renders it effective                counting programs to govern its trading
                                                  chosen by the requester. Often the                      upon filing with the Commission. The                   activity (i.e., on a port by port basis).
                                                  requests are missing data elements                      Commission is publishing this notice to                The System engages the Risk Monitor
                                                  which require contact with the                          solicit comments on the proposed rule                  Mechanism in a particular option when
                                                  requester, thereby adding processing                    change from interested persons.                        the counting program has determined
                                                  time. Standardization of the data                       I. Self-Regulatory Organization’s                      that a User’s trading has reached one of
                                                  elements collected can assist with                      Statement of the Terms of Substance of                 several specified triggers (‘‘Specified
                                                  providing timely responses and FIS–                     the Proposed Rule Change                               Engagement Trigger’’) established by
                                                  FOI/PA being able to verify the identity                                                                       such User during a specified time
                                                                                                            The Exchange filed a proposal to                     period or on an absolute basis.
                                                  of the requester thereby ensuring
                                                                                                          amend Rule 21.16, entitled ‘‘Risk
                                                  Privacy Act Protected records are not                                                                          Elimination of Option Categories
                                                                                                          Monitor Mechanism’’, in order to
                                                  inappropriately released to third parties.
                                                                                                          modify the risk monitoring functionality                 The current counting program counts
                                                    OPM proposes no changes to the
                                                                                                          offered to all Users 5 of the EDGX equity              executions in the following ‘‘Option
                                                  form.
                                                                                                          options trading platform (‘‘EDGX                       Categories’’: Front-month puts, front-
                                                  Analysis                                                Options’’).                                            month calls, back-month puts, and back-
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                    Agency: Federal Investigative                                                                                month calls (each an ‘‘Option
                                                  Services, U.S. Office of Personnel                        1 15  U.S.C. 78s(b)(1).                              Category’’).6 The counting program also
                                                                                                            2 17  CFR 240.19b–4.
                                                  Management.                                                3 15 U.S.C. 78s(b)(3)(A).                             6 For the purposes of Rule 21.16, a front-month
                                                    Title: Privacy Act Request for                           4 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                                                                                 put or call is an option that expires within the next
                                                  Completed Standard Form SF85/SF85P/                        5 As defined in Exchange Rule 16.1(a)(63), a User   two calendar months, including weeklies and other
                                                  SF86, INV 100A.                                         is any Exchange member or sponsored participant        non-standard expirations, and a back-month put or
                                                    OMB Number: 3206–0266.                                authorized to obtain access to the Exchange.           call is an option that expires in any month more



                                             VerDate Sep<11>2014   22:15 Feb 12, 2016   Jkt 238001   PO 00000   Frm 00107   Fmt 4703   Sfmt 4703   E:\FR\FM\16FEN1.SGM   16FEN1


                                                                                Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Notices                                                     7849

                                                  counts a User’s executions, contract                     Categories in the context of its risk                   executed on each side of the market;
                                                  volume and notional value across all                     mechanism.                                              and (2) the counting program would
                                                  options which a User trades (‘‘Firm                                                                              then sum the overall series percentages
                                                                                                           Calculation of Percentage-Based
                                                  Category’’). The Exchange proposes to                                                                            for the entire option class to calculate
                                                                                                           Engagement Trigger
                                                  eliminate the concept of the Option                                                                              the percentage trigger. The Exchange
                                                  Category, such that the counting                            The Exchange currently offers a                      proposes to specify this methodology in
                                                  program will instead operate per option                  Specified Engagement Trigger to the                     Rule 21.16. As proposed, the Exchange
                                                  across all Option Categories (i.e., all                  Risk Monitor Mechanism based on                         would no longer aggregate all bids and
                                                  front-month puts, front-month calls,                     percentage under Exchange Rule                          offers in each series for purposes of
                                                  back-month puts, and back-month                          21.16(b)(ii) (the ‘‘percentage trigger’’).
                                                                                                                                                                   counting the percentage trigger, as it
                                                  calls). The Exchange does not propose                    The percentage trigger is triggered
                                                                                                                                                                   currently does, but would instead count
                                                  to amend the Firm Category of the Risk                   whenever a trade counter has calculated
                                                                                                                                                                   bids and offers in each series separately.
                                                  Monitor Mechanism.                                       that the User has traded a set percentage
                                                     The Exchange believes that the                        within a set time period against the                       For example, assume a User enters
                                                  change will result in a Risk Monitor                     User’s orders in a specified class. The                 100 contract orders at both the National
                                                  Mechanism that is more consistent with                   set percentage is specified by the User                 Best Bid (‘‘NBB’’) and National Best
                                                  that offered by other options exchanges.                 (the ‘‘Specified Percentage’’) and is                   Offer (‘‘NBO’’) in two series of a class,
                                                  Although the Exchange implemented its                    proposed to be calculated as follows                    its Specified Percentage is 100%, and
                                                  Risk Monitor Mechanism with the                          (and as shown in the examples below):                   the four executions in the example
                                                  concept of Option Categories for                         (1) A counting program would first                      below occur within the time period
                                                  technical reasons, the Exchange is not                   calculate, for each series of an option                 specified by the User. The counting
                                                  aware of any other options exchange                      class, the percentage of each User’s                    program would calculate the percentage
                                                  that uses the concept of Option                          orders or Market Maker’s quotes that are                of quote risk mechanism as follows:

                                                                                                                             Number of                             Number of                           Aggregate
                                                                                                                                                                                    Percentage of
                                                                                                                              contracts                             contracts                         percentage of
                                                                   Event/Series                           Bid size                              Offer size                             quote of
                                                                                                                             executed—                             executed—                         quote following
                                                                                                                                                                                      execution
                                                                                                                                bids                                 offers                             execution

                                                  Quotes Entered: Series 1 ........................               100                     0               100                 0                  0                 0
                                                  Quotes Entered: Series 2 ........................               100                     0               100                 0                  0                 0
                                                  Sell order for 40 contracts: Series 1 ........                  100                    40               100                 0                 40                40
                                                  Buy order for 50 contracts: Series 1 .......                     60                     0               100                50                 50                90
                                                  Sell order for 5 contracts: Series 2 ..........                 100                     5               100                 0                  5                95
                                                  Buy order for 10 contracts: Series 2 .......                     95                     0               100                10                 10               105



                                                     In this example, the aggregate                        that unless otherwise instructed by a                   their re-entry to the market rather than
                                                  percentages of the User’s quotes on each                 User, in the event a Specified                          needing to contact the Exchange.
                                                  side in all series during the time period                Engagement Trigger is reached in the
                                                  is 105%,7 thus exceeding the specified                                                                           2. Statutory Basis
                                                                                                           Firm Category, the Exchange will not
                                                  percentage of 100%, at which point the                   allow a User to automatically reset the                    The rule change proposed in this
                                                  percentage trigger would be triggered                    counting program and Users will                         submission is consistent with the
                                                  and the User’s remaining orders in the                   instead need to contact the Exchange to                 requirements of the Act and the rules
                                                  appointed class would be cancelled.                      request a reset. Because reaching a                     and regulations thereunder that are
                                                                                                           Specified Engagement Trigger in the                     applicable to a national securities
                                                  Re-Setting of Risk Monitor Mechanism
                                                                                                           Firm Category should be a rare event,                   exchange, and, in particular, with the
                                                     Under current Rule 21.16, when a                      the Exchange believes that most Users                   requirements of Section 6(b) of the Act.8
                                                  Specified Engagement Trigger is reached                  will prefer to pause in the event of a                  Specifically, the proposed change is
                                                  in the Firm Category, the Risk Monitor                   trigger, review the circumstances, and                  consistent with Section 6(b)(5) of the
                                                  Mechanism will automatically remove                      then slowly re-enter the market. The                    Act,9 because it is designed to prevent
                                                  such User’s orders in all series of all                  Exchange is proposing to maintain the                   fraudulent and manipulative acts and
                                                  options and reject any additional orders                 ability to automatically reset the                      practices, to promote just and equitable
                                                  from a User until the counting program                   counting program, however, because                      principles of trade, to foster cooperation
                                                  has been reset in accordance with                        that is how the Risk Monitor                            and coordination with persons engaged
                                                  paragraph (d) of the rule. The Risk                      Mechanism operates today and because                    in facilitating transactions in securities,
                                                  Monitor Mechanism will also attempt to                   it is possible that a User’s risk                       and to remove impediments to, and
                                                  cancel any orders that have been routed                  management program is established in a                  perfect the mechanism of, a free and
                                                  away to other options exchanges on                       way where the User would take the                       open market and a national market
                                                  behalf of the User. The Exchange                         trigger into account but prefers the                    system. The Exchange believes that the
                                                  proposes to further amend Rule 21.16 so                  ability to automatically reset to control               proposal is appropriate and reasonable
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  than two calendar months away from the current           together. The percentage, thus, does not calculate      quoted offer in Series 2 is executed. By summing
                                                  month.                                                   the actual percentage as a whole in the options class   these percentages, the percentage trigger equals
                                                    7 As set forth in the table and consistent with the    over the time period—in the example, 105 contracts      105%. As set forth elsewhere in the proposal, the
                                                                                                           out of 400 contracts were executed over the time        Exchange believes that this counting methodology
                                                  methodology as proposed to be defined in Rule
                                                                                                           period yet this does not result in a percentage
                                                  21.16, the percentage trigger is calculated by                                                                   is similar to that offered by other options
                                                                                                           calculation of 26.25%. Instead, 40% of the quoted
                                                  individually calculating the percentage of each          bid in Series 1 is executed, then 50% of the quoted     exchanges.
                                                  execution in each series on each of the bid and the      offer in Series 1 is executed, then 5% of the quoted
                                                                                                                                                                      8 15 U.S.C. 78f(b).

                                                  offer and then summing each of these percentages         bid in Series 2 is executed, and finally 10% of the        9 15 U.S.C. 78f(b)(5).




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                                                  7850                        Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Notices

                                                  because it offers additional functionality              contrary, the proposed changes to the                     exchanges and that may assist its Users
                                                  for Users to manage their risk.                         Exchange’s Risk Monitor Mechanism                         in providing liquidity on the Exchange
                                                     Modifying the Risk Monitor                           will generally make the Exchange’s                        consistent with their risk profile. The
                                                  Mechanism to eliminate the Option                       offering more consistent with that                        Commission believes that waiving the
                                                  Category concept will allow Users to                    offered by other exchanges. Thus, the                     thirty day delay is consistent with the
                                                  manage their risk in each option class in               proposed rule change will promote                         protection of investors and the public
                                                  a way that is more consistent with the                  competition because it will allow the                     interest. Therefore, the Commission
                                                  way they manage risk on other option                    Exchange to offer its Users similar                       hereby waives the thirty-day operative
                                                  exchanges. As noted above, although the                 features as are available at other                        delay.13
                                                  Exchange implemented its Risk Monitor                   exchanges and thus further compete                           At any time within 60 days of the
                                                  Mechanism with the concept of Option                    with other exchanges for order flow.                      filing of the proposed rule change, the
                                                  Categories for technical reasons, the                                                                             Commission summarily may
                                                  Exchange is not aware of any other                      (C) Self-Regulatory Organization’s
                                                                                                          Statement on Comments on the                              temporarily suspend such rule change if
                                                  options exchange that uses the concept                                                                            it appears to the Commission that such
                                                                                                          Proposed Rule Change Received From
                                                  of Option Categories in the context of its                                                                        action is: (1)Necessary or appropriate in
                                                                                                          Members, Participants or Others
                                                  risk mechanism.                                                                                                   the public interest; (2) for the protection
                                                     Offering the percentage trigger                        The Exchange has not solicited, and                     of investors; or (3) otherwise in
                                                  without aggregation across the bid and                  does not intend to solicit, comments on                   furtherance of the purposes of the Act.
                                                  the offer as part of the Risk Monitor                   this proposed rule change. The                            If the Commission takes such action, the
                                                  Mechanism will provide Market Makers                    Exchange has not received any written                     Commission shall institute proceedings
                                                  and other Users with greater control and                comments from members or other                            to determine whether the proposed rule
                                                  flexibility with respect to managing risk               interested parties.                                       should be approved or disapproved.
                                                  and the manner in which they enter                      III. Date of Effectiveness of the
                                                  orders and quotes, which removes                                                                                  IV. Solicitation of Comments
                                                                                                          Proposed Rule Change and Timing for
                                                  impediments to a free and open market                   Commission Action                                           Interested persons are invited to
                                                  and benefits all Users of BZX Options.                                                                            submit written data, views and
                                                  The Exchange notes that similar                            Because the foregoing proposed rule
                                                                                                                                                                    arguments concerning the foregoing,
                                                  functionality is offered by NYSE Arca,                  change does not: (A) Significantly affect
                                                                                                                                                                    including whether the proposal is
                                                  Inc. (‘‘NYSE Arca Options’’) and NYSE                   the protection of investors or the public
                                                                                                                                                                    consistent with the Act. Comments may
                                                  Amex Options, Inc. (‘‘NYSE Amex                         interest; (B) impose any significant
                                                                                                                                                                    be submitted by any of the following
                                                  Options’’).10                                           burden on competition; and (C) by its
                                                                                                                                                                    methods:
                                                     Finally, creating a default that                     terms, become operative for 30 days
                                                  prevents the automatic reset of the                     from the date on which it was filed or                    Electronic Comments
                                                  counting program in the event a                         such shorter time as the Commission                         • Use the Commission’s Internet
                                                  Specified Engagement Trigger is reached                 may designate it has become effective                     comment form (http://www.sec.gov/
                                                  in the Firm Category will provide                       pursuant to Section 19(b)(3)(A) of the                    rules/sro.shtml); or
                                                  additional controls to Users that are                   Act 11 and paragraph (f)(6) of Rule 19b–                    • Send an email to rule-comments@
                                                  trying to manage their risk. At the same                4 thereunder,12 the Exchange has                          sec.gov. Please include File No. SR–
                                                  time, allowing Users to maintain the                    designated this rule filing as non-                       EDGX–2016–02 on the subject line.
                                                  ability to automatically reset the                      controversial. The Exchange has given
                                                  counting program will maintain the                      the Commission written notice of its                      Paper Comments
                                                  status quo with respect to the current                  intent to file the proposed rule change,                     • Send paper comments in triplicate
                                                  Risk Monitor Mechanism and will allow                   along with a brief description and text                   to Secretary, Securities and Exchange
                                                  Users to tailor their risk management                   of the proposed rule change at least five                 Commission, 100 F Street NE.,
                                                  programs as appropriate to their                        business days prior to the date of filing                 Washington, DC 20549–1090.
                                                  operations. The Exchange believes that                  of the proposed rule change, or such
                                                                                                                                                                    All submissions should refer to File No.
                                                  this change is a modest extension of the                shorter time as designated by the
                                                                                                                                                                    SR–EDGX–2016–02. This file number
                                                  current rule, that it is consistent with                Commission.
                                                                                                             A proposed rule change filed under                     should be included on the subject line
                                                  the overall purpose of the rule (i.e., to                                                                         if email is used. To help the
                                                  mitigate risk), and that it does not raise              Rule 19b–4(f)(6) normally does not
                                                                                                          become operative prior to 30 days after                   Commission process and review your
                                                  any policy issues particularly because a                                                                          comments more efficiently, please use
                                                  User can still optionally use the same                  the date of filing. Rule 19b–4(f)(6)(iii),
                                                                                                          however, permits the Commission to                        only one method. The Commission will
                                                  functionality offered today by informing                                                                          post all comments on the Commission’s
                                                  the Exchange that it still wishes to                    designate a shorter time if such action
                                                                                                          is consistent with the protection of                      Internet Web site (http://www.sec.gov/
                                                  utilize the feature to automatically reset                                                                        rules/sro.shtml). Copies of the
                                                  the counting program even if a Specified                investors and the public interest. The
                                                                                                          Exchange has asked the Commission to                      submission, all subsequent
                                                  Engagement Trigger has been reached in                                                                            amendments, all written statements
                                                  the Firm Category.                                      waive the noted operative delay so that
                                                                                                          the Exchange may implement the                            with respect to the proposed rule
                                                  (B) Self-Regulatory Organization’s                      proposal on or about February 8, 2016,                    change that are filed with the
                                                  Statement on Burden on Competition                      when the Exchange anticipates that the                    Commission, and all written
                                                                                                                                                                    communications relating to the
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                    The Exchange does not believe that                    features will be available. The Exchange
                                                                                                          has stated that such a waiver would,                      proposed rule change between the
                                                  the proposed rule change will impose
                                                                                                          without undue delay, provide its Users                    Commission and any person, other than
                                                  any burden on competition not
                                                                                                          with a risk mechanism that is more                        those that may be withheld from the
                                                  necessary or appropriate in furtherance
                                                  of the purposes of the act. To the                      similar to that offered by other options                    13 For purposes of waiving the 30-day operative

                                                                                                                                                                    delay, the Commission has considered the proposed
                                                   10 See NYSE Arca Options Rule 6.40(d); see also          11 15   U.S.C. 78s(b)(3)(A).                            rule’s impact on efficiency, competition, and capital
                                                  NYSE Amex Options Rule 928NY(d).                          12 17   CFR 240.19b–4.                                  formation. See 15 U.S.C. 78c(f).



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                                                                                Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Notices                                                      7851

                                                  public in accordance with the                           solicit comments on the proposed rule                  Engagement Trigger’’) established by
                                                  provisions of 5 U.S.C. 552, will be                     change from interested persons.                        such User during a specified time
                                                  available for Web site viewing and                                                                             period or on an absolute basis.
                                                                                                          I. Self-Regulatory Organization’s
                                                  printing in the Commission’s Public
                                                                                                          Statement of the Terms of Substance of                 Elimination of Option Categories
                                                  Reference Room, 100 F Street NE.,
                                                                                                          the Proposed Rule Change                                  The current counting program counts
                                                  Washington, DC 20549, on official
                                                  business days between the hours of                         The Exchange filed a proposal to                    executions in the following ‘‘Option
                                                  10:00 a.m. and 3:00 p.m. Copies of such                 amend Rule 21.16, entitled ‘‘Risk                      Categories’’: front-month puts, front-
                                                  filing will also be available for                       Monitor Mechanism’’, in order to                       month calls, back-month puts, and back-
                                                  inspection and copying at the principal                 modify the risk monitoring functionality               month calls (each an ‘‘Option
                                                  office of the Exchange. All comments                    offered to all Users 5 of the BATS equity              Category’’).6 The counting program also
                                                  received will be posted without change;                 options trading platform (‘‘BZX                        counts a User’s executions, contract
                                                  the Commission does not edit personal                   Options’’).                                            volume and notional value across all
                                                  identifying information from                               The text of the proposed rule change                options which a User trades (‘‘Firm
                                                  submissions. You should submit only                     is available at the Exchange’s Web site                Category’’). The Exchange proposes to
                                                  information that you wish to make                       at www.batstrading.com, at the                         eliminate the concept of the Option
                                                  available publicly. All submissions                     principal office of the Exchange, and at               Category, such that the counting
                                                  should refer to File No. SR–EDGX–                       the Commission’s Public Reference                      program will instead operate per option
                                                  2016–02 and should be submitted on or                   Room.                                                  across all Option Categories (i.e., all
                                                  before March 8, 2016.                                                                                          front-month puts, front-month calls,
                                                                                                          II. Self-Regulatory Organization’s
                                                                                                                                                                 back-month puts, and back-month
                                                    For the Commission, by the Division of                Statement of the Purpose of, and
                                                                                                                                                                 calls). The Exchange does not propose
                                                  Trading and Markets, pursuant to delegated              Statutory Basis for, the Proposed Rule
                                                                                                                                                                 to amend the Firm Category of the Risk
                                                  authority.14                                            Change
                                                                                                                                                                 Monitor Mechanism.
                                                  Brent J. Fields,                                           In its filing with the Commission, the                 The Exchange believes that the
                                                  Secretary.                                              Exchange included statements                           change will result in a Risk Monitor
                                                  [FR Doc. 2016–02984 Filed 2–12–16; 8:45 am]             concerning the purpose of and basis for                Mechanism that is more consistent with
                                                  BILLING CODE 8011–01–P                                  the proposed rule change and discussed                 that offered by other options exchanges.
                                                                                                          any comments it received on the                        Although the Exchange implemented its
                                                                                                          proposed rule change. The text of these                Risk Monitor Mechanism with the
                                                  SECURITIES AND EXCHANGE                                 statements may be examined at the                      concept of Option Categories for
                                                  COMMISSION                                              places specified in Item IV below. The                 technical reasons, the Exchange is not
                                                                                                          Exchange has prepared summaries, set                   aware of any other options exchange
                                                  [Release No. 34–77090; File No. SR–BATS–                forth in Sections A, B, and C below, of                that uses the concept of Option
                                                  2016–06]                                                the most significant parts of such                     Categories in the context of its risk
                                                                                                          statements.                                            mechanism.
                                                  Self-Regulatory Organizations; BATS
                                                  Exchange, Inc.; Notice of Filing and                    (A) Self-Regulatory Organization’s                     Calculation of Percentage-Based
                                                  Immediate Effectiveness of a Proposed                   Statement of the Purpose of, and                       Engagement Trigger
                                                  Rule Change To Amend Rule 21.16,                        Statutory Basis for, the Proposed Rule                    The Exchange currently offers a
                                                  Risk Monitor Mechanism, Relating to                     Change                                                 Specified Engagement Trigger to the
                                                  the BATS Equity Options Trading                         1. Purpose                                             Risk Monitor Mechanism based on
                                                  Platform                                                   The purpose of the proposed rule                    percentage under Exchange Rule
                                                                                                          change is to amend Exchange Rule 21.16                 21.16(b)(ii) (the ‘‘percentage trigger’’).
                                                  February 9, 2016.                                                                                              The percentage trigger is triggered
                                                                                                          to modify the method by which the BZX
                                                     Pursuant to Section 19(b)(1) of the                  Options Risk Monitor Mechanism                         whenever a trade counter has calculated
                                                  Securities Exchange Act of 1934 (the                    measures risk and to modify the ability                that the User has traded a set percentage
                                                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  of a User to reset the Risk Monitor                    within a set time period against the
                                                  notice is hereby given that on January                  Mechanism when risk has been                           User’s orders in a specified class. The
                                                  27, 2016, BATS Exchange, Inc. (the                      triggered in the Firm Category, as                     set percentage is specified by the User
                                                  ‘‘Exchange’’ or ‘‘BATS’’) filed with the                described below.                                       (the ‘‘Specified Percentage’’) and is
                                                  Securities and Exchange Commission                                                                             proposed to be calculated as follows
                                                  (‘‘Commission’’) the proposed rule                      Background                                             (and as shown in the examples below):
                                                  change as described in Items I and II                     Currently, the Exchange’s Risk                       (1) A counting program would first
                                                  below, which Items have been prepared                   Monitor Mechanism operates by                          calculate, for each series of an option
                                                  by the Exchange. The Exchange has                       maintaining a counting program for                     class, the percentage of each User’s
                                                  designated this proposal as a ‘‘non-                    each User. A User may configure a                      orders or Market Maker’s quotes that are
                                                  controversial’’ proposed rule change                    single counting program or multiple                    executed on each side of the market,
                                                  pursuant to Section 19(b)(3)(A) of the                  counting programs to govern its trading                including both displayed and non-
                                                  Act 3 and Rule 19b–4(f)(6)(iii)                         activity (i.e., on a port by port basis).              displayed size; and (2) the counting
                                                  thereunder,4 which renders it effective                 The System engages the Risk Monitor                    program would then sum the overall
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  upon filing with the Commission. The                    Mechanism in a particular option when                  series percentages for the entire option
                                                  Commission is publishing this notice to                 the counting program has determined
                                                                                                                                                                   6 For the purposes of Rule 21.16, a front-month
                                                                                                          that a User’s trading has reached one of
                                                                                                                                                                 put or call is an option that expires within the next
                                                    14 17 CFR 200.30–3(a)(12).                            several specified triggers (‘‘Specified                two calendar months, including weeklies and other
                                                    1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                 non-standard expirations, and a back-month put or
                                                    2 17 CFR 240.19b–4.                                      5 As defined in Exchange Rule 16.1(a)(63), a User   call is an option that expires in any month more
                                                    3 15 U.S.C. 78s(b)(3)(A).
                                                                                                          is any Exchange member or sponsored participant        than two calendar months away from the current
                                                    4 17 CFR 240.19b–4(f)(6)(iii).                        authorized to obtain access to the Exchange.           month.



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Document Created: 2016-02-13 03:13:17
Document Modified: 2016-02-13 03:13:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation81 FR 7848 

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